R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Filing 59

R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Doc. 59

Case 2:04-cv-02338-RSM

Document 59

Filed 11/30/2005

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I. KENNETH FLEMING, JOHN DOE, R.K. and T.D. Plaintiff, v. THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, a/k/a "MORMON CHURCH"; LDS SOCIAL SERVICES a/k/a LDS FAMILY SERVICES, a Utah corporation Defendants.

The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. 04-2338 RSM AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS DEADLINE AND MEDIATION DEADLINE NOTE ON MOTION CALENDAR: November 30, 2005

RELIEF REQUESTED

Plaintiffs and defendants jointly request a continuance of the dispositive motions deadline from November 30, 2005 to January 5, 2006, and the mediation deadline from December 16, 2005 to January 12, 2006. II. FACTUAL BACKGROUND The current

This case is scheduled to be called for trial on April 10, 2006.

dispositive motions deadline is November 30, 2005. For the following reason, plaintiffs
AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE - 1

PROFESSIONAL CORPORATION

601 Union Street, Suite 3100 Seattle WA 98101.1374
TEL

206.623.9900

FAX

206.624.6885

Dockets.Justia.com

Case 2:04-cv-02338-RSM

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and defendants request a continuance of the dispositive motions deadline and mediation deadline. (1) Counsel for plaintiffs and counsel for defendants have just completed a

four-week trial in King County Superior Court. The trial of this state court case, and the intensive preparations for it, have consumed the time and attention of lead counsel for all parties in this case for the last two months. (2) There have been several complications related to discovery in this case. The

For example, the alleged perpetrator of the sexual abuse lives in Canada.

procedure for taking the deposition of a Canadian witness involves seeking letters rogatory from the provincial government, which will review the materials and inform counsel of its decision. Although the necessary papers have been filed, counsel do not anticipate clearance to taken the deposition until December 2005. By agreement,

counsel for plaintiffs and defendants have scheduled the remaining depositions to be taken in the next month. (3) Since the case was filed and the case scheduling order was entered, the

above-captioned case has grown from two plaintiffs to four plaintiffs. Although each plaintiff alleges sexual abuse by the same perpetrator, each plaintiff has unique factual and legal circumstances that apply to his claims. (4) The trial of this case is currently scheduled for April 10, 2006. The

continuation of the dispositive motions deadline should have no impact on the trial date because dispositive motions, if filed by January 5, 2006, will be fully briefed over two months before the case is called for trial. Counsel understands and regrets, however,

AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE - 2

PROFESSIONAL CORPORATION

601 Union Street, Suite 3100 Seattle WA 98101.1374
TEL

206.623.9900

FAX

206.624.6885

Case 2:04-cv-02338-RSM

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Filed 11/30/2005

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that their requested continuance will compress the time period in which the Court will have to consider the motions. (5) Counsel for plaintiffs and defendants have discussed various mediators

who are acceptable to both parties. The mediation of this case is estimated to take two days. The availability of experienced mediators is extremely limited at this time of year due to the holidays and the desire of many attorneys or their clients to settle cases by the end of the year. Mediators, however, have greater availability in January 2006, at which time the parties will have worked through many remaining issues and will have a better idea regarding the strengths and weaknesses of their cases. The parties have reserved January 9, 2006 and January 12, 2006 with Commissioner Joanne Tompkins. III. ARGUMENT

The decision whether to continue a deadline is within the discretion of the District Court. Smith v. Ford Motor Co., 626 F.2d 784, 794 (10th Cir. 1980), cert. denied, 450 U.S. 918 (1981); Clarksville-Montgomery Sch. Sys. v. United States Gypsum Co., 925 F.2d 993 998 (6th Cir. 1991); Dabney v. Montgomery Ward & Co., 761 F.2d 494, 498 (8th Cir.), cert. denied, 474 U.S. 904 (1985). For the reasons set forth above, plaintiffs and defendants jointly request an extension of the dispositive motions deadline so that they can complete discovery and refine the factual and legal issues relevant to dispositive motions before they are filed. An extension of the dispositive motions

deadline to January 5, 2006, will not put the trial date at risk. An extension of the mediation deadline will allow the parties to schedule a mediation of appropriate length with a more experienced mediator for these types of claims.

AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE - 3

PROFESSIONAL CORPORATION

601 Union Street, Suite 3100 Seattle WA 98101.1374
TEL

206.623.9900

FAX

206.624.6885

Case 2:04-cv-02338-RSM

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DATED this 30th day of November, 2005. STAFFORD FREY COOPER s/ Thomas D. Frey via ECF Thomas D. Frey, WSBA #1908 E-mail: [e-mail] Marcus B. Nash, WSBA #14471 Email: [e-mail]

DATED this 30th day of November, 2005. GORDON THOMAS HONEYWELL MALANCA PETERSON & DAHEIM s/ Michelle Meneley via ECF Michael T. Pfau, WSBA #24649 E-mail: [e-mail] Michelle E. Meneley, WSBA #28353 E-mail: [e-mail] Counsel for Plaintiffs

AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE - 4

PROFESSIONAL CORPORATION

601 Union Street, Suite 3100 Seattle WA 98101.1374
TEL

206.623.9900

FAX

206.624.6885

Case 2:04-cv-02338-RSM

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Certificate of Service I certify that on the date noted below I electronically filed this document entitled AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following persons: Timothy D. Kosnoff Law Offices of Timothy D. Kosnoff 600 University Street, Suite 2100 Seattle, WA 98101 [phone] Michael T. Pfau Gordon Thomas Honeywell Malanca Peterson & Daheim, LLP 600 University Street, Suite 2100 Seattle, WA 98101-4185 [phone]

DATED this 30th day of November, 2005, at Seattle, Washington.

/s/ via ECF Thomas D. Frey, WSBA #1908

AGREED MOTION FOR CONTINUANCE OF DISPOSITIVE MOTIONS AND MEDIATION DEADLINE - 5

PROFESSIONAL CORPORATION

601 Union Street, Suite 3100 Seattle WA 98101.1374
TEL

206.623.9900

FAX

206.624.6885